Planning and Zoning minutes for June 7, 2016

PLANNING COMMISSION
Minutes
June 7, 2016
Roll Call
At 6:30 p.m., Jennifer Bleil called the June 7, 2016 Regular Session of the North Liberty Planning Commission to order. Commission members present: Jennifer Bleil, Adam Gebhart, Jason Heisler, Kylie Pentecost, Patrick Staber; absent – Josh Covert and Ronda Detlefsen.

Others present: Dean Wheatley, Ryan Heiar, Tracey Mulcahey, Scott Peterson, Kevin Trom, Stefan Juran, Duane Musser, Eric Shoemaker, John Burchert and other interested parties.

Agenda Approval
Gebhart moved, Staber seconded to approve the agenda. The vote was all ayes. Agenda approved.

Anderson Electric Site Plan
Staff Presentation
Wheatley presented the request of Anderson Electric to approve a site plan for commercial warehouse development on Kennel Court, Lot 2 North Park subdivision. Staff recommends approval with the addition of landscaping along the east side of the property line, toward Highway 965, where such landscaping will not interfere with utilities, not as a requirement, but as a recommendation.

Applicant Presentation
Duane Musser, MMS Consultants, was present on behalf of the applicant and offered a response to the landscaping request. The applicant is concerned regarding obstruction of signage and security.

Public Comments
No public comments were offered.

Questions and Comments
The Commission discussed the application including the landscaping request.

Recommendation to the City Council
Pentecost moved, Gebhart seconded to recommend approval of the Anderson Electric Site Plan to the City Council with no conditions. After discussion, the vote was: ayes – Heisler, Bleil, Pentecost, Gebhart, Staber; nays – none. Motion carried.

Restaurant Concepts Inc. Site Plan & Conditional Use
Staff Presentation
Wheatley presented the request of Restaurant Concepts Inc. to approve a site plan and outside eating conditional use for a new Arby’s restaurant to be located at the southeast corner of West Penn Street and Kansas Avenue, Lot 24 Liberty’s Gate Part 2. Staff recommends approval of the site plan and outside eating conditional use with no conditions.

Applicant Presentation
No applicant presentation was offered.

Public Comments
No public comments were offered.

Questions and Comments
The Commission discussed the application including Kansas Avenue improvements and quality of building design.

Recommendation to the City Council – site plan
Pentecost moved, Heisler seconded to recommend approval of the site plan application to the City Council with no conditions. The vote was: ayes- Staber, Gebhart, Heisler, Pentecost, Bleil; nays – none. Motion carried.

Recommendation to the Board of Adjustment – conditional use
Heisler moved, Gebhart seconded to recommend approval of the conditional use application to the Board of Adjustment with no conditions. The vote was: ayes – Gebhart, Staber, Heisler, Bleil, Pentecost; nays – none. Motion carried.

BeerBurger Restaurant Conditional Use
Staff Presentation
Wheatley presented the request of Cameron Way Partners to approve an outside eating conditional use at the new BeerBurger restaurant located at the southwest corner of West Penn Street and Cameron Way (former Kyodai restaurant location). Staff recommends approval of the conditional use with the following conditions:
• Permit is for this owner only (future owners would need to reapply),
• Alcoholic beverage sales allowed,
• Only low-wattage lighting to be added – no floodlighting,
• Amplified music levels to be agreed to in the field by the owner and City staff, and
• No more seats than allowed by the Building and Fire Codes for this location.

Applicant Presentation
John Burchert, one of the owners, presented additional information on the application. The outdoor eating area is approximately 1,200 square feet.

Public Comments
No public comments were offered.

Questions and Comments
The Commission discussed the application including the fit in the area.

Recommendation to the Board of Adjustment
Heisler moved, Gebhart seconded to recommend approval of the conditional use application to the Board of Adjustment with the following conditions:
• Permit is for this owner only (future owners would need to reapply),
• Alcoholic beverage sales allowed,
• Only low-wattage lighting to be added – no floodlighting,
• Amplified music levels to be agreed to in the field by the owner and City staff, and
• No more seats than allowed by the Building and Fire Codes for this location.
The vote was: ayes – Pentecost, Gebhart, Heisler, Staber, Bleil; nays – none. Motion carried.

Holiday Wrecker Revised Site Plan
Staff Presentation
Wheatley presented the request of Holiday Wrecker to approve a revised site plan for commercial warehouse development at the southeast corner of North Jones Boulevard and 236th Street, Lot 23 Deerfield 5th Addition. Staff recommends approval of the revised site plan with multi-tenant owner’s agreement for parking relating to leasing of units.

Applicant Presentation
Duane Musser was present on behalf of the applicant and offered additional information on the application.

Public Comments
No public comments were offered.

Questions and Comments
The Commission discussed the application including tenant types and parking requirements on existing units.

Recommendation to the City Council
Pentecost moved, Staber seconded to recommend approval of the revised site plan application to the City Council with no conditions. The vote was: ayes – Pentecost, Staber, Heisler, Gebhart, Bleil; nays – none. Motion carried.

Mickelson First Addition Preliminary Plat
Staff Presentation
Wheatley presented the request of Hodge Construction to approve a preliminary plat, Mickelson First Addition, for single-family residential development west of the recent Smigel subdivision near the northwest corner of South Jones Boulevard and Forevergreen Road. Staff recommends approval of the preliminary plat with no conditions.

Applicant Presentation
Kevin Digmann was present on behalf of the applicant and offered to answer questions.

Public Comments
No public comments were offered.

Questions and Comments
The Commission discussed the application including storm water management, timeline on the parts and the road that connects to Forevergreen Road.

Recommendation to the City Council
Heisler moved, Gebhart seconded to recommend approval of the preliminary plat to the City Council with no conditions. The vote was: ayes – Gebhart, Pentecost, Heisler, Staber, Bleil; nays –none. Motion carried.

PFS, LLC Site Plan & Conditional Use
Staff Presentation
Wheatley presented the request of PFS, LLC to approve a site plan for new restaurant development and outside eating located at the southwest corner of West Penn Street and Community Drive, Lot 12 Liberty Centre Part 1. Staff recommends approval of the site plan with no conditions. Staff recommends approval of the conditional use with the following conditions:
• Permit is for this owner only (future owners would need to reapply),
• Alcoholic beverage sales allowed,
• Only low-wattage lighting to be added – no floodlighting,
• Amplified music levels to be agreed to in the field by the owner and City staff, and
• No more seats than allowed by the Building and Fire Codes for this location.

Applicant Presentation
Eric Shoemaker, a co-owner, presented additional information on the application.

Public Comments
No public comments were offered.

Questions and Comments
The Commission discussed the application including the size of the building, appearance of the building, available parking, quantity of bike parking, and the zoning on the parcel to the west.

Recommendation to the City Council – site plan
Gebhart moved, Heisler seconded to recommend approval of the site plan application to the City Council with no conditions. The vote was: ayes – Staber, Bleil, Gebhart, Pentecost, Heisler; nays – none. Motion carried.

Recommendation to the Board of Adjustment – conditional use
Pentecost moved, Staber seconded to recommend approval of the conditional use application to the Board of Adjustment with the following conditions:
• Permit is for this owner only (future owners would need to reapply),
• Alcoholic beverage sales allowed,
• Only low-wattage lighting to be added – no floodlighting,
• Amplified music levels to be agreed to in the field by the owner and City staff, and
• No more seats than allowed by the Building and Fire Codes for this location.
The vote was: ayes – Heisler, Gebhart, Bleil, Staber, Pentecost; nays – none. Motion carried.

Quality Care Projecting Sign Application
Staff Presentation
Wheatley presented the request of Quality Care to approve a projecting sign for their new neighborhood storage business at Penn Court, south of West Penn Street. Staff recommends approval of the sign request with no conditions.

Applicant Presentation
The applicant, Dean Moore, was present.

Public Comments
No public comments were offered.

Questions and Comments
The Commission discussed the application including the location of the sign.

Recommendation to the City Council
Gebhart moved, Staber seconded to recommend approval of the projecting sign application to the City Council with no conditions. The vote was: ayes – Staber, Pentecost, Bleil, Heisler, Gebhart; nays – none. Motion carried.

Saxton Rezoning and Plat outside Corporate Limits
Staff Presentation
Wheatley presented Request of Charles and Elizabeth Saxton to approve a rezoning and two lot subdivision for a farmstead site west of North Liberty and within the City-County Fringe Area Agreement territory, at the northwest corner of James Avenue and 240th Street in rural Johnson County. Staff recommends approval of the subdivision and accompanying rezoning with no conditions.

Applicant Presentation
Duane Musser was present on behalf of the applicant and offered to answer questions.

Public Comments
No public comments were offered.

Questions and Comments
The Commission had none.

Recommendation to the City Council
Pentecost moved, Gebhart seconded to recommend approval of the application for rezoning and two lot subdivision to the City Council. After discussion, the vote was: ayes – Heisler, Gebhart, Staber, Pentecost, Bleil; nays – none. Motion carried.

Approval of Previous Minutes
Heisler moved, Staber seconded to approve the minutes of the May 3, 2016 Planning Commission meeting. All ayes. Minutes approved.

Old Business
No old business was presented.

New Business
Wheatley reported that the only item on the July agenda is Roseberry Stop. Peterson reported on upcoming amendments to the sign code. Wheatley reported that the small lot zoning amendment will be presented for consideration at the next Council meeting.

Adjournment
At 7:27 p.m., Heisler moved, Staber seconded to adjourn. All ayes. Meeting adjourned.